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(영문) 서울남부지방법원 2018.07.26 2018나53014
부당이득금
Text

1.The judgment of the first instance shall be modified as follows:

Defendant 1,303,125 won, Plaintiff C, D, E, respectively.

Reasons

1. The reasoning of the judgment of the court of first instance is that there is no separate agreement in calculating the amount of the plaintiffs' damage claim and the amount of the defendant's unjust enrichment refund claim, and thus, in order to unify the lease deposit into a rent, value-added tax is not consistently added, the following reasons for the judgment of the court of first instance are the same except for the following cases, and thus, it shall be quoted pursuant to the main sentence of Article 420

2. The volume of the entry shall be from "the rent" to "the rent" to "the rent" to "the rent" in Part 7 of the judgment of the court of first instance as follows:

The monthly rent is KRW 9,906,250 [the monthly rent is KRW 30,00,000 + X 0.0125 (the base interest rate for notice on June 9, 2016 by the Bank of Korea) ± KRW 12.5 times X 4.5 times ± 8,500,000]. Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiffs the amount of KRW 29,718,750 equivalent to the damages for the rent (= KRW 9,906,250) (= KRW 9,906,250) according to their respective shares. The Defendant is obligated to pay the Plaintiffs the amount of KRW 32,690,625 of the 7th sentence of the first instance judgment “29,718,750”.

Part 8 of the decision of the court of first instance provides that "The amount of damages remains 9,487,500 won (=32,690,625 won - 23,203,125 won)" in Part 4 of the decision of the court of first instance shall be stated "6,515,625 won (=29,718,750 won - 23,203,125 won)."

Part 8, Forms 19 through 4 of the decision of the first instance shall be stated in the following order:

“C. According to the theory of lawsuit, the Defendant is obligated to pay to the Plaintiff A and B KRW 1,303,125 (=6,515,625 KRW X 4/20), Plaintiff C, D, E, and F respectively (=6,515,625 KRW X3/20, and less than KRW 63/20) and to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Civil Act from February 11, 2017 to July 26, 2018, the date following the end of the lease contract, with respect to each of the money and each of which is less than KRW 6,515,625 KRW X3/20, KRW 3/20, and less than KRW).”

3. Conclusion.

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